Kipper v. State
Court of Criminal Appeals of Texas
Appellant was charged by the indictment with the murder of Newton Stewart, on the 17th of February, 1900, by shooting him with a gun and pistol. The third count in the indictment charged that the murder was committed in the perpetration of burglary, and that the entry was made for the purpose of effecting the rescue and escape of one Samuel Dyson, a prisoner confined in the city jail, which was broken into.
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Appellant was charged by the indictment with the murder of Newton Stewart, on the 17th of February, 1900, by shooting him with a gun and pistol. The third count in the indictment charged that the murder was committed in the perpetration of burglary, and that the entry was made for the purpose of effecting the rescue and escape of one Samuel Dyson, a prisoner confined in the city jail, which was broken into. The court, in its charge to the jury, submitted the case upon the issue of murder as charged in the ordinary form in the first and second counts, but, in addition thereto, submitted the…
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was convicted of murder in the first degree, and his punishment assessed at confinement in the penitentiary for life.
When the case was called for trial appellant (a negro) moved to quash the indictment because of discrimination against the negro race. The evidence discloses that no negroes had been selected upon the grand and petit juries by commissioners or summoned by the constabulary in El Paso County, except in two or three instances, where two or three negroes had been picked up as jurymen in the County Court in civil cases. It is also shown that…
2Cited by7 opinions
- Powell v. StateCourt of Criminal Appeals of Texas · 1924
- McIntosh v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Montgomery v. StateSupreme Court of Florida · 1908
- State v. MillerSupreme Court of Rhode Island · 1932
- Smith v. StateCourt of Criminal Appeals of Oklahoma · 1910
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